PROMISSORY OATHS

CHAPTER 17:01
PROMISSORY OATHS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Forms of oaths

    3.    Person to take and tender oaths

    4.    Avoidance of unnecessary repetition of oaths

    5.    Consequences of not taking prescribed oaths

    6.    Affirmation allowed in lieu of oath

    7.    Oaths to be recorded and attested

    8.    Saving

26 of 1966

    An Act to provide for Administration of Promissory Oaths

1.    Short title

    This Act may be cited as the Promissory Oaths Act.

2.    Forms of oaths

    The several oaths required to be taken under this Act shall be in the forms set forth in the First Schedule.

3.    Persons to take and tender oaths

    Subject to section 6 (1) of the Republic of Malawi (Constitution) Act, the several oaths set out in Column 1 of the Second Schedule shall be taken by the respective persons named in Column 2 of that Schedule, after their appointment to or acceptance of office, and shall be tendered by the respective persons specified in Column 3 of that Schedule.

4.    Avoidance of unnecessary repetition of oaths

    Notwithstanding section 3, no person shall be required, upon appointment to or acceptance of office, to take any oath if he shall on any previous occasion have taken such oath within Malawi, either in respect of the same or any other appointment or office, unless the President shall otherwise direct.

5.    Consequences of not taking prescribed oaths

    Nothing in this Act contained shall render, or be deemed to render or to have rendered invalid, any act done, or which may hereafter be done, by a person holding a public office in Malawi in the execution or intended execution of his official duties, by reason only of the omission by such person to take any oath which under this Act such person should take or have taken:

    Provided that if any person declines, neglects, or omits, where any oath to be taken under this Act is duly tendered, to take such oath he shall, if he shall have already entered on his office, vacate the same, and if he shall not already have entered on his office be disqualified for entering on the same.

6.    Affirmation allowed in lieu of oath

    When an oath is required to be taken under this Act, any person may, instead of taking the oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear”, and omitting the words “So help me God”.

7.    Oaths to be recorded and attested

    Every oath taken in pursuance of this Act shall be recorded in a book kept for the purpose and the person taking the oath shall at the time thereof be required to place his signature in such book, and the person tendering the said oath shall attest the same in the book, and any such book shall be conclusive evidence for all purposes that any oath therein recorded has been duly taken and recorded.

8.    Saving

    Nothing in this Act shall affect any other oath required or authorized by law to be taken or made.

FIRST SCHEDULE

s. 2

FORMS OF OATHS

FORM 1

    Oath of Allegiance

I, ………………………………………………………………………………, do swear that I will be faithful and bear true allegiance to the Republic of Malawi, and that I will preserve, protect and defend the Constitution of Malawi as by law established. So help me God.

FORM 2

    Oath of Member of a Presidential Council or Presidential Commission

I, ………………………………………………………………………………, having been appointed a member of a *Presidential Council/Presidential Commission, do swear that I will well and truly serve the Republic of Malawi in that office, that I will at all times when so required to the best of my judgment, give my counsel and advice to the *Presidential Council/Presidential Commission, for the good management of the public affairs of Malawi, and that I will not directly or indirectly reveal such matters as shall be referred to me, come to my knowledge or committed to my secrecy by virtue of my holding that office. So help me God.

(* Delete whichever is inapplicable).

FORM 3

OATH OF A CABINET MINISTER

I, ……………………………………………………………………………………… being chosen and appointed as a Member of the Cabinet of Malawi, swear that I will, to the best of my judgment, at all times when thereto required freely give any counsel or advice to the President for the time being for the good management of the public affairs of Malawi, that I will well and truly serve the Republic of Malawi in the office of a Member of the Cabinet and that, except with the authority of the President, I will not directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of…